AB304: Bill Text

AB304,,369 (5) Quota exception for qualifying persons who opt out of no-sale event venue permit. (a) In this subsection, “qualifying event venue” means real property that is rented or leased for use as an event venue for private events that satisfy all of the following requirements in the preceding 12-month period:

AB304,,370 1. There were at least 5 events held at the venue at which no fewer than 50 invited guests attended.

AB304,,371 2. The venue owner received at least $20,000 in revenue from renting or leasing the venue for the events under subd. 1.

AB304,,372 (b) Upon application, the division shall certify an owner of a qualifying event venue as eligible for the quota exception under s. 125.51 (4) (v) 5. if all of the following apply:

AB304,,373 1. The qualifying event venue is in operation on the effective date of this subdivision .... [LRB inserts date], and has been in operation for the 12-month period immediately preceding the date of the application.

AB304,,374 2. The qualifying event venue has not been a Class “B” or “Class B” licensed premises at any time in the 12-month period immediately preceding the date of the application.

AB304,,375 3. The owner of the qualifying event venue has not applied for a permit under this section.

AB304,,376 4. The owner of the qualifying event venue provides documentation to the division that, in the absence of the exception under s. 125.51 (4) (v) 5., the municipality in which the qualifying event venue is located would be prohibited under s. 125.51 (4) (am) from issuing the owner a “Class B” license.

AB304,,377 5. The owner of the qualifying event venue provides documentation to the division showing, and the division confirms, that the requirements under subd. 1. and par. (a) are satisfied.

AB304,,378 6. The owner of the qualifying event venue provides notice to the division no later than 60 days after the effective date of this subdivision .... [LRB inserts date], that the owner is applying for a “Class B” license and is not seeking a no-sale event venue permit.

AB304,,379 (c) The division shall act on an application for certification under par. (b) within 30 days of receiving the application.

AB304,,380 (d) The division may not issue a certification under par. (b) after the first day of the 7th month beginning after the effective date of this paragraph .... [LRB inserts date].

AB304,97 Section 97. 125.25 (2) (b) of the statutes is repealed and recreated to read:

AB304,,382 125.25 (2) (b) Subject to s. 125.20 (6), a Class “A” license may not be issued to any person who holds, or has an interest in a permittee holding, any of the following:

AB304,,383 1. A wholesaler’s permit issued under s. 125.28 or 125.54.

AB304,,384 2. A brewer’s permit issued under s. 125.29.

AB304,,385 3. A brewpub permit issued under s. 125.295.

AB304,,386 4. A winery permit issued under s. 125.53.

AB304,,387 5. A manufacturer’s or rectifier’s permit issued under s. 125.52.

AB304,,388 6. An out-of-state shipper’s permit issued under s. 125.30 or 125.58.

AB304,98 Section 98. 125.26 (2) (b) of the statutes is repealed and recreated to read:

AB304,,390 125.26 (2) (b) Subject to s. 125.20 (6), a Class “B” license may not be issued to any person who holds, or has an interest in a permittee holding, any of the following:

AB304,,391 1. A wholesaler’s permit issued under s. 125.28 or 125.54.

AB304,,392 2. A brewer’s permit issued under s. 125.29.

AB304,,393 3. Except as provided in s. 125.295 (1) (h), (2) (a) 6. b., and (3) (b), a brewpub permit issued under s. 125.295.

AB304,,394 4. A winery permit issued under s. 125.53.

AB304,,395 5. A manufacturer’s or rectifier’s permit issued under s. 125.52.

AB304,,396 6. An out-of-state shipper’s permit issued under s. 125.30 or 125.58.

AB304,99 Section 99. 125.26 (2m) of the statutes is amended to read:

AB304,,398 125.26 (2m) Notwithstanding s. 125.04 (3) (a) 3. and (9), a Class “B” license authorizes a person operating a hotel to furnish a registered guest who has attained the legal drinking age with a selection of fermented malt beverages in the guest’s room which is not part of the Class “B” premises. Fermented malt beverages furnished under this subsection shall be furnished in original packages or containers and stored in a cabinet, refrigerator or other secure storage place. The cabinet, refrigerator or other secure storage place must be capable of being locked. The cabinet, refrigerator or other secure storage place shall be locked, or the fermented malt beverages shall be removed from the room, when the room is not occupied and when fermented malt beverages are not being furnished under this subsection. A key for the lock shall be supplied to a guest who has attained the legal drinking age upon request at registration. The hotel shall prominently display a price list of the fermented malt beverages in the hotel room. Fermented malt beverages may be furnished at the time the guest occupies the room, but for purposes of this chapter, the sale of fermented malt beverages furnished under this subsection is considered to occur at the time and place that the guest pays for the fermented malt beverages. Notwithstanding s. 125.32 (3), the guest may pay for the fermented malt beverages at any time if he or she pays in conjunction with checking out of the hotel. An individual who stocks or accepts payment for alcohol beverages under this subsection shall be the licensee, the agent named in the license if the licensee is a corporation or limited liability company, or the holder of a manager’s or operator’s license or operator’s permit, or be supervised by one of those individuals.

AB304,100 Section 100. 125.26 (2s) (b) of the statutes is amended to read:

AB304,,400 125.26 (2s) (b) Notwithstanding s. 125.04 (3) (a) 3. and (9), a Class “B” license authorizes a person operating a coliseum or a concessionaire to furnish the holder of a coliseum suite who has attained the legal drinking age with a selection of fermented malt beverages in the coliseum suite that is not part of the Class “B” premises. Fermented malt beverages furnished under this paragraph shall be furnished in original packages or containers and stored in a cabinet, refrigerator or other secure storage place. The cabinet, refrigerator or other secure storage place or the coliseum suite must be capable of being locked. The cabinet, refrigerator or other secure storage place or the coliseum suite shall be locked, or the fermented malt beverages shall be removed from the coliseum suite, when the coliseum suite is not occupied and when fermented malt beverages are not being furnished under this paragraph. Fermented malt beverages may be furnished at the time the holder occupies the coliseum suite, but for purposes of this chapter, the sale of fermented malt beverages furnished under this paragraph is considered to occur at the time and place that the holder pays for the fermented malt beverages. Notwithstanding s. 125.32 (3), the holder of a coliseum suite may pay for the fermented malt beverages at any time if he or she pays in accordance with the terms of an agreement with the person operating the coliseum or with the concessionaire. An individual who stocks or accepts payment for alcohol beverages under this paragraph shall be the licensee, the agent named in the license if the licensee is a corporation or limited liability company, or the holder of a manager’s or operator’s license or operator’s permit, or be supervised by one of those individuals.

AB304,101 Section 101. 125.27 (1) (a) of the statutes is amended to read:

AB304,,402 125.27 (1) (a) The department division shall issue Class “B” permits to clubs holding a valid certificate issued under s. 73.03 (50) that are operated solely for the playing of golf or tennis and are commonly known as country clubs and to clubs that are operated solely for curling, ski jumping or yachting, if the club is not open to the general public and if no Class “B” licenses are issued by the governing body of the municipality in which the club is located. A Class “B” permit authorizes retail sales of fermented malt beverages to be consumed on the premises where sold. Persons holding a Class “B” permit may sell beverages containing less than 0.5 percent of alcohol by volume without obtaining a license under s. 66.0433.

AB304,102 Section 102. 125.27 (2) (a) 1. (intro.) of the statutes is amended to read:

AB304,,404 125.27 (2) (a) 1. (intro.) The department division may issue a Class “B” permit to any person who holds a valid certificate issued under s. 73.03 (50) and who is qualified under s. 125.04 (5) authorizing the sale of fermented malt beverages for consumption on any vessel having a regular place of mooring located in any waters of this state as defined under s. 29.001 (45) and (63) if any of the following applies:

AB304,103 Section 103. 125.27 (2) (a) 2. of the statutes is amended to read:

AB304,,406 125.27 (2) (a) 2. The department division may issue the permit only if the vessel leaves its place of mooring while the sale of fermented malt beverages is taking place and if the vessel fulfills the requirement under par. (am). A permit issued under this paragraph also authorizes the permittee to store fermented malt beverages purchased for sale on the vessel on premises owned or leased by the permittee and located near the vessel’s regular place of mooring. The permittee shall describe on the permit application under s. 125.04 (3) (a) 3. the premises where the fermented malt beverages will be stored. The premises shall be open to inspection by the department division upon request.

AB304,104 Section 104. 125.27 (3) (b) of the statutes is amended to read:

AB304,,408 125.27 (3) (b) Upon application, the department division shall issue a Class “B” permit to a tribe that holds a valid certificate issued under s. 73.03 (50) and that is qualified under s. 125.04 (5) and (6). The permit authorizes the retail sale of fermented malt beverages for consumption on or off the premises where sold.

AB304,105 Section 105. 125.27 (5) (b) and (f) of the statutes are amended to read:

AB304,,410 125.27 (5) (b) The department division may issue Class “B” permits for locations within racetrack grounds to any person that holds a valid certificate issued under s. 73.03 (50), that is qualified under s. 125.04 (5) and (6), and that is the owner or operator of the racetrack grounds or is designated by the owner or operator of the racetrack grounds to operate premises located within the racetrack grounds. Subject to par. (e), the permit authorizes the retail sale of fermented malt beverages on the premises covered by the permit, for consumption anywhere within the racetrack grounds. If the department division issues more than one permit under this subsection for the same racetrack grounds, no part of the premises covered by a permit under this subsection may overlap with premises covered by any other permit issued under this subsection.

AB304,,411 (f) The department division shall establish a fee for a permit issued under this subsection in the amount of 50 percent of the fee for a permit issued under sub. (1).

AB304,106 Section 106. 125.27 (7) of the statutes is created to read:

AB304,,413 125.27 (7) Interest restrictions. Subject to s. 125.20 (6), a Class “B” permit may not be issued to any person who holds, or has an interest in a permittee holding, any of the following:

AB304,,414 (a) A wholesaler’s permit issued under s. 125.28 or 125.54.

AB304,,415 (b) A brewer’s permit issued under s. 125.29.

AB304,,416 (c) A brewpub permit issued under s. 125.295.

AB304,,417 (d) A winery permit issued under s. 125.53.

AB304,,418 (e) A manufacturer’s or rectifier’s permit issued under s. 125.52.

AB304,,419 (f) An out-of-state shipper’s permit issued under s. 125.30 or 125.58.

AB304,107 Section 107. 125.275 (1) of the statutes is amended to read:

AB304,,421 125.275 (1) The department division may issue an industrial fermented malt beverages permit which authorizes the permittee to purchase and use fermented malt beverages for industrial purposes only. Such permits may be issued only to persons who prove to the department division that they use alcohol for industrial purposes and who holds a valid certificate issued under s. 73.03 (50).

AB304,108 Section 108. 125.275 (2) (b) of the statutes is amended to read:

AB304,,423 125.275 (2) (b) An industrial fermented malt beverages permit may not be issued to a person holding a wholesaler’s permit issued under s. 125.28 or to a person who has a direct or indirect ownership an interest in a premises operating under a wholesaler’s permit issued permittee under s. 125.28.

AB304,109 Section 109. 125.275 (3) of the statutes is amended to read:

AB304,,425 125.275 (3) Shipments of industrial fermented malt beverages shall be conspicuously labeled “for industrial purposes” and shall meet other requirements which the department division prescribes by rule.

AB304,110 Section 110. 125.28 (1) (a) of the statutes is amended to read:

AB304,,427 125.28 (1) (a) Subject to par. (b), the department division may issue permits to wholesalers for the sale of fermented malt beverages from premises within this state, which premises shall comply with the requirements under s. 125.34 (2). Subject to s. 125.34, and except as provided in pars. (e) and (f), a wholesaler’s permit authorizes sales of fermented malt beverages only in original packages or containers to retailers or wholesalers.

AB304,111 Section 111. 125.28 (1) (b) of the statutes is amended to read:

AB304,,429 125.28 (1) (b) If a wholesaler does not maintain any warehouse in this state but is licensed and maintains a warehouse in an adjoining state that allows wholesalers holding a wholesaler’s permit in this state to deliver fermented malt beverages to retailers in the adjoining state without warehousing in that state and that further requires that all fermented malt beverages be first unloaded and physically at rest at, and distributed from, the warehouse of the licensed wholesaler in that state, the wholesaler’s permit shall be issued by the department division. Notwithstanding s. 125.04 (5) (a) 2. and (c) and (6), the department division may issue the wholesaler’s permit to a wholesaler described in this paragraph who is a natural person and not a resident of this state or that is a corporation or limited liability company and has not appointed an agent in this state.

AB304,112 Section 112. 125.28 (2) (b) (intro.) of the statutes is amended to read:

AB304,,431 125.28 (2) (b) (intro.) A Subject to s. 125.20 (6), a wholesaler’s permit may not be issued to any of the following:

AB304,113 Section 113. 125.28 (2) (b) 1. a. of the statutes is amended to read:

AB304,,433 125.28 (2) (b) 1. a. A Class “A” license issued under s. 125.25 or “Class A” license issued under s. 125.51 (2).

AB304,114 Section 114. 125.28 (2) (b) 1. b. of the statutes is amended to read:

AB304,,435 125.28 (2) (b) 1. b. A Class “B” license issued under s. 125.26, “Class B” license issued under s. 125.51 (3), or “Class C” license issued under s. 125.51 (3m).

AB304,115 Section 115. 125.28 (2) (b) 1. c. of the statutes is amended to read:

AB304,,437 125.28 (2) (b) 1. c. A Class “B” permit issued under s. 125.27 or “Class B” permit issued under s. 125.51 (5).

AB304,116 Section 116. 125.28 (2) (b) 1. g., h. and i. of the statutes are created to read:

AB304,,439 125.28 (2) (b) 1. g. A winery permit issued under s. 125.53.

AB304,,440 h. A manufacturer’s or rectifier’s permit issued under s. 125.52.

AB304,,441 i. An out-of-state shipper’s permit issued under s. 125.30 or 125.58.

AB304,117 Section 117. 125.28 (2) (b) 1. j. of the statutes is created to read:

AB304,,443 125.28 (2) (b) 1. j. A no-sale event venue permit issued under s. 125.24.

AB304,118 Section 118. 125.28 (2) (b) 2. of the statutes is amended to read:

AB304,,445 125.28 (2) (b) 2. Except as provided in s. 125.33 (2m) Subject to s. 125.20 (6), a person who has a direct or indirect ownership an interest in a premises operating under person holding one or more of the licenses or permits listed in subd. 1. a. to f.

AB304,119 Section 119. 125.28 (2) (e) of the statutes is repealed.

AB304,120 Section 120. 125.28 (4) of the statutes is amended to read:

AB304,,448 125.28 (4) The amount of the permit fee shall be established by the department division and shall be an amount that is sufficient to fund one special agent position dedicated to alcohol and tobacco enforcement at in the department division, but the permit fee may not exceed $2,500 per year or fractional part thereof. All permit fees received under this subsection shall be credited to the appropriation account under s. 20.566 (1) (hd).

AB304,121 Section 121. 125.28 (5) (b) of the statutes is amended to read:

AB304,,450 125.28 (5) (b) A wholesaler under this section shall annually sell and deliver fermented malt beverages to at least 25 retail licensees or other wholesalers that do not have any direct or indirect an interest in each other or in the wholesaler. The department division may not issue a permit under this section unless the applicant represents to the department division an intention to satisfy this requirement, and may not renew a permit issued under this section unless the wholesaler demonstrates that this requirement has been satisfied.

AB304,122 Section 122. 125.28 (5) (d) 3. of the statutes is amended to read:

AB304,,452 125.28 (5) (d) 3. This paragraph shall not affect the authority of any municipality or the department division to revoke, suspend, or refuse to renew or issue a license or permit under s. 125.12.

AB304,123 Section 123. 125.28 (5) (e) of the statutes is amended to read:

AB304,,454 125.28 (5) (e) The department division shall promulgate rules to administer and enforce the requirements under this subsection. The rules shall ensure coordination between the department’s division’s issuance and renewal of permits under this section and its enforcement of the requirements of this subsection, and shall require that all applications for issuance or renewal of permits under this section be processed by department division personnel generally familiar with activities of fermented malt beverages wholesalers. The department division shall establish by rule minimum requirements for warehouse facilities on premises described in permits issued under this section and for periodic site inspections by the department division of such warehouse facilities.

AB304,124 Section 124. 125.29 (1) of the statutes is amended to read:

AB304,,456 125.29 (1) Permit. No person may operate as a brewer unless that person obtains a permit from the department division. A permit under this section may only be issued to a person who holds a valid certificate issued under s. 73.03 (50).

AB304,125 Section 125. 125.29 (2) (a) of the statutes is repealed and recreated to read: